8112 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Rules and Regulations 

The owner of the bridge, New Jersey 

Transit Rail Operation (NJTRO), 

requested a temporary deviation to 

facilitate scheduled bridge maintenance, 

electrical and structural maintenance. 

The bridge will not be able to open 

while the bridge maintenance is 

underway. 

Under this temporary deviation the 

NJTRO Railroad Bridge may remain in 

the closed position for two 24-hour time 

periods between February 20, 2007 and 

February 24, 2007. The exact two 24- 

hour closure dates will be selected 

depending upon favorable weather 

necessary to perform the required 

repairs. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: February 15, 2007. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 07–860 Filed 2–21–07; 12:47 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD05–07–011] 

RIN 1625–AA00 

Safety Zone; Upper Chesapeake Bay 

and Its Tributaries and the C & D 

Canal, Maryland, Virginia, and 

Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

all navigable waters of the Captain of 

the Port Baltimore zone. The temporary 

safety zone restricts vessels from 

transiting the zone during ice season, 

unless authorized by the Captain of the 

Port Baltimore, Maryland or designated 

representative through the issuance of 

broadcast notice to mariners and marine 

safety information bulletins. This safety 

zone is necessary to protect mariners 

from the hazards associated with ice. 

DATES: This rule is effective from 

February 5, 2007 until April 15, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD05–07–

011 and are available for inspection or 

copying at Commander, Coast Guard 

Sector Baltimore, 2401 Hawkins Point 

Road, Baltimore, Maryland 21226–1791, 

between 8 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald L. Houck, Coast Guard Sector 

Baltimore, at (410) 576–2674. 

SUPPLEMENTARY INFORMATION:

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B) and 

(d)(3), the Coast Guard finds that good 

cause exists for not publishing an NPRM 

and for making this regulation effective 

less than 30 days after publication in the 

Federal Register. While formation of ice 

generally occurs in the winter months, 

predicting when ice will begin to form, 

where it will be located and the 

thickness of the ice is difficult and 

depends on the weather conditions. Ice 

has just begun to form in the area of this 

safety zone. Publishing an NPRM and 

delaying its effective date would be 

contrary to public interest, since 

immediate action is needed to protect 

mariners against potential hazards 

associated with ice and to ensure the 

safety of the environment on the Upper 

Chesapeake Bay and its tributaries. 

Background and Purpose 

During a moderate or severe winter, 

frozen waterways present numerous 

hazards to vessels. Ice in a waterway 

may hamper a vessel’s ability to 

maneuver, and could cause visual aids 

to navigation to be submerged, 

destroyed or moved off station. Ice 

abrasions and ice pressure could also 

compromise a vessel’s watertight 

integrity, and non-steel hulled vessels 

would be exposed to a greater risk of 

hull breach. 

When ice conditions develop to a 

point where vessel operations become 

unsafe, it becomes necessary to impose 

operating restrictions to ensure the safe 

navigation of vessels. A safety zone is a 

tool available to the Captain of the Port 

(COTP) to restrict and manage vessel 

movement when hazardous conditions 

exist. The COTP Baltimore is 

establishing a safety zone within all 

navigable waters within the COTP 

Baltimore zone, that will restrict access 

to only those vessels meeting conditions 

specified in broadcast notice to mariners 

and marine safety information bulletins. 

Ice generally begins to form in the 

Upper Chesapeake Bay and its 

tributaries, including the Chesapeake 

and Delaware (C & D) Canal, in late 

December or early January. During a 

moderate or severe winter, ice in 

navigable waters can become a serious 

problem, requiring the use of federal, 

state and private ice breaking resources. 

The Commander, Coast Guard Sector 

Baltimore will use its COTP authority to 

promote the safe transit of vessels 

through ice-congested waters and the 

continuation of waterborne commerce 

throughout the winter season. 

Ice fields in the Upper Chesapeake 

Bay and its tributaries move with 

prevailing winds and currents. Heavy 

ice buildups can occur in the C & D 

Canal, from Town Point Wharf to Reedy 

Point. Other areas that are commonly 

affected by high volumes of ice are, the 

Elk River, Susquehanna River, Patapsco 

River, Nanticoke River, Wicomico River, 

Tangier Sound, Pocomoke River and 

Sound, and the Potomac River. Once ice 

build up begins it can affect the transit 

of large ocean-going vessels. 

Ice reports over the last several years 

have varied greatly on the Upper 

Chesapeake Bay and its tributaries. 

Historically, ice has been reported as 

NEW, FAST OR PACK ICE. The 

percentage of ice covering the river has 

been reported anywhere from 10% to 

100%. The thickness has been reported 

anywhere from 1⁄2′′ to 18′′ thick. 

Discussion of Rule 

The purpose of this regulation is to 

promote maritime safety, and to protect 

the environment and mariners transiting 

the area from the potential hazards due 

to ice conditions that become a threat to 

navigation. This rule establishes a safety 

zone encompassing all waters of the 

COTP Baltimore zone. The COTP will 

notify the maritime community, via 

marine broadcasts, of the location and 

thickness of the ice as well as the ability 

of vessels to transit through the safety 

zone. Mariners allowed to travel 

through the safety zone with the 

permission of the COTP must maintain 

a minimum safe speed, in accordance 

with the Navigation Rules as seen in 33 

CFR Chapter I, Subchapters D and E. 

Ice Condition One means the 

emergency condition in which ice has 

largely covered the upper Chesapeake 

Bay and its tributaries, and the C & D 

Canal. Convoys are required and 

restrictions to shaft horsepower and 

vessel transit are imposed. 

Ice Condition Two means the alert 

condition in which at least 2 inches of 

ice begins to form in the Upper 

Chesapeake Bay and its tributaries, and 

the C & D Canal. The COTP Baltimore 

may impose restrictions, including but 

not limited to, shaft horsepower and 

hull type restrictions. 

Ice Condition Three means the 

readiness condition in which weather 

conditions are favorable for the 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Rules and Regulations 8113 

formation of ice in the navigable waters 

of the Upper Chesapeake Bay and its 

tributaries, and the C & D Canal. Daily 

reports for the Coast Guard Stations and 

commercial vessels are monitored. (No 

limitations on vessel traffic, hull type or 

shaft horsepower). 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866 and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not significant under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 

section 605(b) of the Regulatory 

Flexibility Act (5 U.S.C 605(b)) that this 

will not have a significant impact on a 

substantial number of small entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–743–3247). 

Collection of Information 

This rule would call for no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that this rule does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule would not result in 

such expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 12211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. This rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. This rule 

establishes a safety zone. 

Under figure 2–1, paragraph (34)(g), of 

the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket. 


jlentini on PROD1PC65 with RULES
8114 Federal Register / Vol. 72, No. 36 / Friday, February 23, 2007 / Rules and Regulations 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add temporary § 165.T05–011 to 

read as follows: 

§ 165.T05–011 Safety zone; Upper 

Chesapeake Bay and its tributaries and the 

C & D Canal, MD, VA and Washington, DC 

(a) Location. The following area is a 

temporary safety zone: All inland, 

navigable waters of the Captain of the 

Port, Baltimore zone. 

(b) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) All vessel traffic is prohibited in 

the safety zone unless they meet the 

requirements set forth by the Captain of 

the Port by Marine Safety Radio 

Broadcast on VHF-FM marine band 

radio, channel 22A (157.1 MHZ). 

(2) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at telephone number (410) 

576–2693. 

(3) All persons desiring to transit 

through the safety zone must contact the 

Captain of the Port at telephone number 

(410) 576–2693 or on VHF channel 13 

or 16 to seek permission prior to 

transiting the area. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

Captain of the Port Baltimore, MD or 

designated representative. 

(4) The Captain of the Port will notify 

the public of any changes in the status 

of this safety zone by Marine Safety 

Radio Broadcast on VHF-FM marine 

band radio, channel 22A (157.1 MHZ). 

(5) Mariners granted permission to 

transit the safety zone must maintain 

the minimum safe speed necessary to 

maintain navigation as per 33 CFR 

Chapter I, Subchapters D and E. 

(c) Definitions as used in this section. 

(1) Captain of the Port means the 

Commander, Coast Guard Sector 

Baltimore or any Coast Guard 

commissioned warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(2) Ice Condition One means the 

emergency condition in which ice has 

largely covered the Upper Chesapeake 

Bay and its tributaries, and the C & D 

Canal. Convoys are required and 

restrictions to shaft horsepower and 

vessel transit are imposed. 

(3) Ice Condition Two means the alert 

condition in which at least 2 inches of 

ice begins to form in the Upper 

Chesapeake Bay and its tributaries, and 

the C & D Canal. The COTP Baltimore 

may impose restrictions, including but 

not limited to, shaft horsepower and 

hull type restrictions. 

(4) Ice Condition Three means the 

readiness condition in which weather 

conditions are favorable for the 

formation of ice in the navigable waters 

of the Upper Chesapeake Bay and its 

tributaries, including the C & D Canal. 

Daily reports for the Coast Guard 

Stations and commercial vessels are 

monitored. (No limitations on vessel 

traffic, hull type or shaft horsepower). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zones by Federal, 

State and local agencies. 

(e) Enforcement period. This section 

will be enforced from February 5, 2007 

until April 15, 2007. 

Dated: February 5, 2007. 

Jonathan C. Burton, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Baltimore, Maryland. 

[FR Doc. E7–3056 Filed 2–22–07; 8:45 am] 

BILLING CODE 4910–15–P 

LEGAL SERVICES CORPORATION 

45 CFR Part 1611 

Income Level for Individuals Eligible 

for Assistance 

AGENCY: Legal Services Corporation. 

ACTION: Final rule. 

SUMMARY: The Legal Services 

Corporation (‘‘Corporation’’) is required 

by law to establish maximum income 

levels for individuals eligible for legal 

assistance. This document updates the 

specified income levels to reflect the 

annual amendments to the Federal 

Poverty Guidelines as issued by the 

Department of Health and Human 

Services. 

EFFECTIVE DATE: This rule is effective as 

of February 23, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mattie Cohan, Senior Assistant General 

Counsel, Legal Services Corporation, 

3333 K St., NW., Washington, DC 20007; 

(202) 295–1624; mcohan@lsc.gov. 

SUPPLEMENTARY INFORMATION: Section 

1007(a)(2) of the Legal Services 

Corporation Act (‘‘Act’’), 42 U.S.C. 

2996f(a)(2), requires the Corporation to 

establish maximum income levels for 

individuals eligible for legal assistance, 

and the Act provides that other 

specified factors shall be taken into 

account along with income. 

Section 1611.3(c) of the Corporation’s 

regulations establishes a maximum 

income level equivalent to one hundred 

and twenty-five percent (125%) of the 

Federal Poverty Guidelines. Since 1982, 

the Department of Health and Human 

Services has been responsible for 

updating and issuing the Federal 

Poverty Guidelines. The revised figures 

for 2007 set out below are equivalent to 

125% of the current Federal Poverty 

Guidelines as published on January 24, 

2007 (72 FR 3147). 

In addition, LSC is publishing charts 

listing income levels that are 200% of 

the Federal Poverty Guidelines. These 

charts are for reference purposes only as 

an aid to grant recipients in assessing 

the financial eligibility of an applicant 

whose income is greater than 200% of 

the applicable Federal Poverty 

Guidelines amount, but less than 200% 

of the applicable Federal Poverty 

Guidelines amount (and who may be 

found to be financially eligible under 

duly adopted exceptions to the annual 

income ceiling in accordance with 

sections 1611.3, 1611.4 and 1611.5). 

List of Subjects in 45 CFR Part 1611 

Grant Programs—Law, Legal Services. 

■ For reasons set forth above, 45 CFR 

part 1611 is amended as follows: 

PART 1611—ELIGIBILITY 

■ 1. The authority citation for part 1611 

continues to read as follows: 

Authority: Secs. 1006(b)(1), 1007(a)(1) 

Legal Services Corporation Act of 1974, 42 

U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2). 

■ 2. Appendix A of part 1611 is revised 

to read as follows: 


jlentini on PROD1PC65 with RULES